Utah Code § 72-5-303

Current through the 2024 Fourth Special Session
Section 72-5-303 - Maintenance - Impact on adjacent land owners
(1)
(a) The state and its political subdivisions are not required to maintain highways within R.S. 2477 rights-of-way for vehicular travel unless the R.S. 2477 right-of-way encompasses a highway included on a highway system for vehicular travel.
(b) A decision to improve or not improve an R.S. 2477 right-of-way is a purely discretionary function.
(2) The holder of an R.S. 2477 right-of-way and the owner of the servient estate shall exercise their rights without unreasonably interfering with one another.
(3) The holder of the R.S. 2477 right-of-way shall design and conduct construction and maintenance activities so as to minimize impacts on adjacent federal public lands, consistent with applicable safety standards.

Utah Code § 72-5-303

Renumbered and Amended by Chapter 270, 1998 General Session.